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Confused about volunteer waivers? You’re not alone. With volunteer safety and risk management always on our minds, understanding these documents is crucial. While we’re not lawyers, or here to give legal advice, we do have some helpful insights to demystify waivers and unpack when or how they might benefit your programming.

Waiver 101

A waiver is a legally binding document that can be required to participate in certain activities. When a volunteer signs a waiver, they are agreeing to “waive” certain rights, typically around claims for injury or damages.

Waivers can vary. Most often, someone is waiving the right to sue an organization or claim compensation if something goes wrong during their involvement. For example, if a volunteer is involved in a highly physical role, the waiver might indicate that if a volunteer gets injured during their role, it is not the organization’s responsibility. This is called a “release of liability” and/or “waiver of claims”.

Along these lines, waivers may also include the following:

• Indemnity: The organization is protected from losses or costs associated with something happening to the volunteer.

• Assumption of Risk: The volunteer understands the hazards and potential risks of their role.

• Medical Treatment: Consent to receive treatment from an organization (such as first aid) and waiving claims if there are any issues with this treatment.

• Confidentiality: Volunteers agree to keep information they use or come across in their role private and confidential.

• Insurance: A confirmation that volunteers are not covered by insurance from the organization.

• Photo or Media Release: The volunteer agrees that photos or videos of them volunteering can be used by the organization.

That’s a Lot for One Document!

Not every waiver will contain all of these elements. For example, confidentiality might have its own separate agreement, or your organization might include a code of conduct within the waiver. The important thing is that waivers are legally binding, so they should be reviewed by legal counsel to ensure they meet your needs and comply with the law.

While waivers vary, many are similar because legal teams, insurance providers, and risk management protocols need to address all potential risks. However, not all waivers require every element mentioned above.

Waiver Storage

If your organization uses waivers, you’ll likely collect a lot of paperwork—especially for events or large volunteer groups. Consider how you’ll store waivers, who will have access to them, and how long they’ll be kept. A volunteer management system or tracking tool might help, but it's important to understand the legal requirements for storing these documents. Waivers may not need to be kept forever, but make sure you have a clear process in place.

Do I Need a Waiver?

Many organizations do not use waivers at all. Whether or not you need one depends on your organization’s risk assessment. Typically, this process is led by staff, legal advisors, the Board of Directors, or an insurance provider for the organization. Waivers are tools for protecting the organization from certain risks, but not all roles require them.

It’s important to ask: who is at risk and who is being protected. If the waiver only protects the organization, what protections are in place for the volunteers or the community? Consider whether there are other ways to manage risk that don’t involve waivers, such as training, clear expectations, or community-based safety protocols.

Remember, a waiver is not the only way to manage risk. Some roles may not involve significant physical risks, so you might use other risk management strategies instead like detailed training, clearer volunteer expectations, or a community-based approach where everyone supports each other. There are lots of ways to understand and address risk, and a waiver may create more barriers for potential volunteers while not meeting your specific needs.

Questions to Consider

1. Who is the waiver protecting, and is that protection essential for the continued work of volunteers? Consider what “protection” means to your organization, and who might be left out.
   
   
2. If an insurance company requires the use of waivers, can they articulate why these are needed for volunteers? It’s always a good idea to investigate any potential barriers to volunteer engagement. It could be worth pursuing a different insurance provider as an alternative.
   
   
3. What are other ways that your organization can address or manage risk? Volunteering can often be very “transactional” – but there can be lessons learned from the ways people support each other in communities.
   
   
4. Who determines when and where waivers are needed? Consider whether these individuals have awareness of the volunteer’s roles and responsibilities, and your volunteer engagement needs.
   
   
5. Can you enable a group to sign a single waiver for all their members in a group volunteer activity? Waivers should probably be signed individually, so in a group volunteer activity, a single contact (corporate liaison, team leader) must not sign the rights of others away.
   
   
6. What happens if someone refuses to sign part or all of the waiver? Think about protocols for volunteers who may agree to release their liability, but won’t agree to medical treatment (as an example). A process may be needed to enable this volunteer to still help out. This could include a waiver where volunteers sign each part they are agreeing to.
   
   
7. When waivers are required, how can they be made clear and easy to understand for every volunteer? Lots of waivers are long and detailed, and while certain language is required, it may be too complex for volunteers to understand. If you are asking someone to sign a waiver, you should also be able to explain it clearly.

What’s Next

If you’re unsure whether your organization needs waivers or whether your current waivers are appropriate, take the time to investigate. Consult with legal professionals to ensure your practices are aligned with your organization’s needs. And remember, while waivers can be helpful, it’s always worth exploring alternatives that may remove potential barriers for volunteers.